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1989-07-24 CC MinutesCITY OF FARMERS BRANCH CITY COUNCIL REGULAR MEETING JULY 24, 1989 COUNCIL CHAMBER POLICE BUILDING 7:30 P.M. The following members of the City Council were present: Mayor Mayor Pro Tem Councilmembers 1 ~I Dave Blair Jeff Binford Bob Phelps Calla Davis Bill Moses Ron Pyle The following members of the City Administration were present: City Manager Assistant City Manager City Attorney City Secretary Director of Community Services Acting City Engineer Director of Parks & Recreation Director of Public Works Director of Finance Public Information Officer City Management Assistant Recording Secretary Richard L. Escalante Steve Carpenter Chris Caso Ruth Ann Parish Tom Scales Gary Oshel Jeff Fuller Mark Pavageaux Doug Vanderslice Donna Huerta David Reedy Brenda Anderson Mayor Blair called the City Council Meeting of July 24, 1989 to order at 7:30 p.m. The meeting was televised. A.1 INVOCATION Councilman Moses gave the invocation and led the pledge of allegiance to the flag. A.2 CONSIDER PRESENTING A PLAQUE IN RECOGNITION OF THE FARMERS BRANCH CHAMBER OF COMMERCE FOR CO-SPONSORSHIP OF THE FOLKLORE FESTIVAL. Mayor Blair presented a plaque to Janie Scarbrough, President of the Farmers Branch Chamber of Commerce, in recognition of the Farmers Branch Chamber of Commerce's co-sponsorship of the Folklore Festival. A.3 CONSIDER PRESENTING PLAQUES IN RECOGNITION OF COMPANIES THAT CONTRIBUTED TOWARD THE DALLAS SYMPHONY ORCHESTRA PERFORMANCE ON JUNE 24, 1989. Vol. 56, page 68 Mayor Blair presented plaques to the following representatives from local companies who participated with the City in sponsoring the first performance of the Dallas Symphony orchestra in the suburbs on June 24, 1989. Butler Paper - Ronnie Lappe Buchanan Printing - Laura Spencer, Dave and Lynn Johnson Mobil Foundation - Douglas G. Bryan and Bob Blue National Hand Tool - Ron Broussard and Clint Lu Town North National Bank - Venoice Robinson First City Bank - Betty Thompson Zoecon Corporation - Art Rousseau Trammell Crow Company - Calla Davis No one was present from Glidden Paint Company or Home Interiors and Gifts to accept their plaques. A.4 PRESENTATION OF SERVICE AWARDS Mayor Blair presented a 10 year employee service award to Bill VanSickler of the Community Services Department. Mayor Blair presented a 5 year employee service award to Dan Brown of the Community Services Department. A.5 PRESENTATION OF BOARD APPLICATIONS. This item gives applicants an opportunity to present board applications to the City Council. Mayor Blair recognized Bruce Woody, 3210 Damascus Way. Mr. Woody presented a board application for himself and for his wife, Janine Woody. B.1 - B.5 CONSIDER THE FOLLOWING AS CONSENT ITEMS AND TAKE THE APPROPRIATE ACTION. Mayor Blair explained that under the title of consent items are items that are to be considered and action taken that may not need discussion individually. Any member of the City Council or the audience may request to withdraw any item from the consent items and place the item before the Council for full discussion. The concept for the consent items is established in order to speed up discussion for those items that need more time for discussion. A motion by Councilman Phelps, a second by Councilmember Davis, all voting "aye", approved the deletion of B.5 from the Consent Agenda and re-number to C.1a, and the addition of C.4 to the Consent Agenda. Vol. 56, page 69 A motion by Councilmember Davis, a second by Councilman Pyle, all voting "aye", approved the following Consent Agenda Items: B.1 - B.4 and C.4. B.1 APPROVED THE MINUTES OF COUNCIL MEETING OF JULY 10, 1989. B.2 ADOPTED RESOLUTION NO. 89-100 APPROVING CHANGES FROM TO PROVIDE "CHILD ABUSE" SERVICES TO PROVIDE "COUNSELING" SERVICES IN THE CONTRACT WITH METROCREST YOUTH AND FAMILY SERVICES IN AN AMOUNT NOT TO EXCEED $20,000. B.3 AUTHORIZED THE BUILDING MAINTENANCE DIVISION TO ADVERTISE FOR BIDS FOR CONTRACT CUSTODIAL SERVICES FOR CITY FACILITIES FOR 1989-90. B.4 AUTHORIZED ADVERTISEMENT FOR PROPOSALS FOR A TWO YEAR DEPOSITORY CONTRACT FROM QUALIFIED FINANCIAL INSTITUTIONS TO SERVE AS THE CITY'S DEPOSITORY BANK. C.4 ADOPTED RESOLUTION NO. 89-094 APPROVING REQUEST OF GENE HENDERSON FOR SITE PLAN APPROVAL TO ALLOW EXPANSION FOR THE PRINT CENTER BUILDING LOCATED AT 2415 FRUITLAND AVENUE AND WITHIN THE PLANNED DEVELOPMENT NO. 33 ZONING DISTRICT WITH THE CONDITION THAT THE DUMPSTER ENCLOSURE BE RELOCATED BEHIND THE 25 FOOT FRONT YARD BUILDING SETBACK LINE. C.1 CITY MANAGER REPORTS. City Manager Richard Escalante gave an informative report of the happenings and status of the various projects in the departments of the City. C.1a CONSIDER REQUEST BY MUSCULAR DYSTROPHY ASSOCIATION AND KEYBOARD CITY, INC. TO ALLOW AN EVENT AT THE NORTHWEST CORNER OF SPRING VALLEY AND ARBORVIEW ON SATURDAY, SEPTEMBER 3, 1989, AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. The Muscular Dystrophy Association is requesting approval for an event called "First Annual Sounds of Dallas" on Saturday, September 2, 1989 from 12:00 noon to 9:00 p.m. Money will be raised for MDA through gate fees and food and drink sales. Food sales will be handled by Allen Weiss Associates (vendor for the State Fair). No beer or ice chests will be allowed on the premises. Security will be available at all times. The event will take place on the parking lot of Keyboard City, Inc. at 4801 Spring Valley. Temporary uses of a civic and philanthropic nature are allowed in any zoning district of the City by resolution of the City Council. Vol. 56, page 70 Mayor Blair recognized Shanna Perry, Program Coordinator for Muscular Dystrophy Association, who was available for questions. A motion by Mayor Pro Phelps, all voting approving the request the applicant furni approving the event." Tem Binford, a second by Councilman "aye", adopted Resolution No. 89-093 with a Section 5 added to state "Provided shes a letter from the property owner C.2 PUBLIC HEARING: CONSIDER AMENDING THE PLANNED DEVELOPMENT NO. 30 ZONING DISTRICT TO ALLOW A GASOLINE SERVICE STATION USE WITHIN THE ZONING DISTRICT AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. This item was scheduled for public hearings by the Planning and Zoning Commission on July 17, 1989, and by the City Council on July 24, 1989. The Planning and Zoning Commission was unable to reach a quorum on July 17, 1989 causing the meeting to be cancelled. In accordance with Article 24-101 (b) of the Comprehensive Zoning ordinance, no action may be taken on this item by the City Council prior to receiving a recommendation from the Planning and Zoning Commission. This item must be readvertised and will be placed on the first available Planning and Zoning Commission agenda that meets the minimum notification requirement. There was no action to be taken. C.3 PUBLIC HEARING: CONSIDER AMENDING THE PLANNED DEVELOPMENT NO. 39 ZONING DISTRICT TO ALLOW A DAY CARE CENTER WITHIN THE ZONING DISTRICT AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. This item was scheduled for public hearings by the Planning and Zoning Commission on July 17, 1989 and by the City Council on July 24, 1989. The Planning and Zoning Commission was unable to reach a quorum on July 17, 1989 causing the meeting to be cancelled. In accordance with Article 24-101 (b) of the Comprehensive Zoning Ordinance, no action may be taken on this item by the City Council prior to receiving a recommendation from the Planning and Zoning Commission. This item must be readvertised and will available Planning and Zoning Commission minimum notification requirement. There was no action to be taken. C.4 Consent Item be placed on the first agenda that meets the Vol. 56, page 71 J C.5 DISCUSS HERITAGE CABLE IMPROVEMENT PLANS AND TAKE THE APPROPRIATE ACTION. This item has been placed on the agenda at the request of Councilmember Davis. Mayor Blair recognized the following representatives from Heritage Cablevision, Dennis Jones, Bennie Wilcox, and Pat Hayes. Mr. Jones gave an update on the improvements of Heritage Cablevision. He stated the new phone system was installed, the microwave link in place to monitor the stations from the downtown Dallas office, and change out of convertors had begun. Several Councilmembers voiced concerns about loss of cable service on weekends and problems with the answering service. Mr. Jones explained their new procedures to handle in-coming calls and service problems as follows. The answering service takes the calls and faxes all messages to the Dallas office on the half hour. Technicians are on-call 24 hours a day to handle any major problems or power outages. If the problem is confined to one residence, an after-hours technician is not called. However, if there are three residences within an area complaining of the same problem, a technician will be called. Farmers Branch is divided into four areas. Councilmember Davis had questions regarding the new convertor box and the added expense of the "mandatory" rental of the remote control as informed by a Heritage employee. Mr. Jones explained the new convertor boxes were optional and did not require the rental of the remote control if not desired. He stated he would clear up any misunderstandings with his employees. it Mayor Blair stated the Council would continue to monitor Heritage Cablevision's improvements during the 90 day time period. D.1 CONSIDER ADOPTING RESOLUTION NO. 89-097 APPROVING AND ACCEPTING A PROPOSAL SUBMITTED BY EVALUATION ASSOCIATES FOR APPRAISAL SERVICES TO ACQUIRE WATER LINE EASEMENTS AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. An elevated water storage tank is proposed for the east side of the City to increase pressure and storage. To feed the tank, a 16 inch water line loop is needed along Midway Road, Inwood Road and the D P & L right-of way. The elevated tank is budgeted at $2.5 million; the water lines at $1.312 million. Additional easements are needed for the water lines. Vol. 56, page 72 The real estate appraising firm, Evaluation Associates, has submitted a proposal to appraise the easement rights to be acquired by the City of Farmers Branch for a total fee of $9,850. The appraisals are to be completed within 45 working days of acceptance of their proposal. Appraisal services will include the evaluation analysis and appraisal of thirteen (13) easements which are proposed to encumber seven (7) separate improved commercial/industrial properties. Five of the easements will be temporary construction easements, needed only during project construction. The City Engineer recommends the adoption of Resolution No. 89-097. A motion by Councilman voting "aye", adopted accepting and authorizing by Evaluation Associates appraisal of easement rig: proposed water mains. Pyle, second by Councilman Moses, all Resolution No. 89-097 approving, the execution of a proposal submitted in the amount of $9,850.00 for the its needed for the construction of the D.2 CONSIDER ADOPTING RESOLUTION NO. 89-090 AUTHORIZING THE CITY TO INTERVENE IN THE SOUTHWESTERN BELL RATE CASE, DOCKET NO. 8585 BEFORE THE PUBLIC UTILITY COMMISSION OF TEXAS AND TAKE APPROPRIATE ACTION. Mayor Blair stated Agenda Item D.2 had been withdrawn from the agenda. D.3 CONSIDER ADOPTING RESOLUTION NO. 89-092 AUTHORIZING EXECUTION OF A CONSTRUCTION MANAGER CONTRACT TO JAMES CRAWFORD, FOR RESTORATION OF THE DODSON GARAGE AND TAKE APPROPRIATE ACTION. Mayor Blair stated Agenda Item D.3 had been withdrawn from the agenda. D.4 CONSIDER ADOPTING RESOLUTION NO. 89-086 APPROVING CHANGE ORDER NO. 3 RELATIVE TO A CONSTRUCTION CONTRACT WITH DAL-MAC CONSTRUCTION COMPANY FOR FARMERS BRANCH CITY HALL PROJECT AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. The contract for construction of the City Hall Project was awarded to Dal-Mac Construction Company in the amount of $6,361,873. Two change orders have been approved, one for insurance in the amount of $5,000 and one for additional pier depth and casing for $48,854. Change Order No. 3, in the amount of $10,043 is for the modification of the conduit system for communication of both Vol. 56, page 73 data, voice, and some power. It also includes a 7 day time extension. I~I The City Engineer recommends adoption of Resolution No. 89-086. After some discussion, a motion by Councilman Moses, a second by Councilman Phelps, all voting "aye", adopted Resolution No. 89-086 approving Change Order No. 3 in the amount of $10,043 with a 7 day time extension relative to a construction contract with Dal-Mac Construction Company for Farmers Branch City Hall Project. D.5 CONSIDER ADOPTING RESOLUTION NO. 89-096 APPROVING CHANGE ORDER NO. 4 RELATIVE TO A CONSTRUCTION CONTRACT WITH DAL-MAC CONSTRUCTION COMPANY FOR FARMERS BRANCH CITY HALL PROJECT AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. The contract for construction of the City Hall Project was awarded to Dal-Mac Construction Company in the amount of $6,361,873. Two change orders have been approved in the amount of $53,854. Change Order No. 4, in the amount of $91,290, is for the replacement of the specified roof product with real slate. The change to real slate is in response to Council's directive of July 10, 1989. There is no time extension attached to this change order. Funds are available from the project contingencies as approved in the 1988-89 Capital Improvement Project Budget. The City Engineer recommends adoption of Resolution No. 89-096. A motion by Mayor Pro Tem Binford, a second by Councilman Pyle, all voting "aye", adopted Resolution No. 89-096 to approve Change Order No. 4 in the amount of $91,290, with no time extension relative to a construction contract with Dal-Mac Construction Company for Farmers Branch City Hall Project. D.6 CONSIDER ADOPTING ORDINANCE NO. 1827 AMENDING ARTICLE III, SECTION 2-31 OF THE FARMERS BRANCH CODE OF ORDINANCES RELATIVE TO THE CREATION OF THE PLANNING AND ZONING COMMISSION AND ITS MEMBERSHIP AND TAKE APPROPRIATE ACTION. Mayor Blair requested this item be placed on the agenda and presented the following information for consideration. The number of members of the Planning and Zoning commission is established by City ordinance at seven, with no provision for alternate members to serve in the absence of regular members. Ordinance 1827 has been prepared which amends Article III, Section 2-31 of the Farmers Branch Code of Ordinances and Vol. 56, page 74 provides for the establishment of two (2) alternate members to the Planning and Zoning Commission. It also requires the regular and alternate members to attend all meetings of the Commission. It states members may be removed from office by the City Council for failure to attend three consecutive regular meetings without being excused by the Commission. The City Staff recommends that Ordinance No. 1827 be adopted as submitted. A motion by Councilman Phelps, a second by Mayor Pro Tem Binford, all voting "aye", adopted Ordinance No. 1827 with the deletion of the word "taxpayer", establishing two alternate members of the Planning and Zoning commission and requirements of attendance. D.7 CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS AND TAKE THE APPROPRIATE ACTION. This item is placed on the agenda for council discussion and consideration. 1. Discuss Metrocrest Chamber of Commerce Trade Mission to the United Kingdom and Germany, Oct. 6-14, 1989. Councilmember Davis made a motion for Councilmembers, City Manager and staff members who need to go to attend the Metrocrest Chamber of Commerce Trade Mission to the United Kingdom and Germany, Oct. 6-14, 1989. A second was made by Mayor Pro Tem Binford and the motion passed 4-1 with Councilman Phelps opposing. D.8 CITIZEN PARTICIPATION. Mayor Blair recognized Calla Davis, 2828 Selma. Ms. Davis requested the City Council state their support for the Texas license plates to continue to say "Lone Star State" instead of "Friendship State" which is being suggested. A motion by Councilman Phelps, a second by Councilman Pyle, all voting "aye", approved a letter to be drafted for Councilmember's signatures to be sent to the Texas Highway Department in direct support of "Lone Star State" instead of "Friendship State." Councilman Phelps stated he did not object to the Metrocrest Chamber of Commerce Trade Mission. The reason he voted opposing was to the way the motion was made with all staff to attend. Mayor Blair recognized Jan Woody, 3210 Damascus Way. Mrs. Woody thanked Jane Whitledge of the Farmers Branch Times for printing in the newspaper her request for fruit trees to Vol. 56, page 75 harvest for food for the needy. Mrs. Woody stated that with her husband's help, 1,000 pounds of fruit had been gathered as a result and sent to shelters. Mayor Blair commended Mr. and Mrs. Woody for their efforts. MAYOR BLAIR ANNOUNCES THAT THE ITEMS ON THE AGENDA OR THE GENERAL SESSION HAVE BEEN CONCLUDED. AFTER A SHORT RECESS, THE MEETING WILL RECONVENE FOR ITEMS IN THE EXECUTIVE SESSION. THE MEETING WILL RECONVENE INTO GENERAL SESSION AFTER THE ITEMS HAVE BEEN DISCUSSED IN THE EXECUTIVE SESSION. ARTICLE 6252-17, SECTION 2 OF THE OPEN MEETING LAW PROVIDES THAT SUCH ITEMS AS PERSONAL MATTERS, LAND ACQUISITION AND PENDING AND CONTEMPLATED LITIGATION MAY BE DISCUSSED IN CLOSED SESSION. E.1 EXECUTIVE SESSION. a. DISCUSS PERSONNEL MATTERS - ARTICLE 6252-17, SEC. 2(g) 1. DISCUSS PLANNING AND ZONING COMMISSION APPOINTMENTS. n C A discussion was held regarding appointments of two (2) Alternate members to the Planning and Zoning Commission as provided in Ordinance No. 1827 adopted previously in this meeting. THE COUNCIL RECONVENED INTO GENERAL SESSION E.2 CONSIDER NECESSARY ACTION ON PERSONNEL MATTERS DISCUSSED IN THE EXECUTIVE SESSION. A motion by Councilman Phelps, a second by Councilman Pyle, all voting "aye", established a policy that Advisory Board/Commission applications filed with the City is to be kept on file for two (2) years with applicants being notified of this and request for reapplication if they so desire; and, applicants are to be invited to appear at the meeting when appointments are considered by the Council. Furthermore, in reference to the consideration of the appointment of two alternate members to the Planning and Zoning Commission, all applicates presently with applications on file desiring to serve on the Planning and Zoning Commission will be invited to attend the next City Council meeting, August 7, 1989 for discussion with the Council, and that appointments will be considered in the Executive Session on that date. F.1 ADJOURNMENT. A motion by Councilman Moses, all voting "aye", adjourned 24, 1989 at 9:34 p.m.. I Mayor Dave Blair a second by Councilmember Davis, the City Council meeting of July City Secretary Vol. 56, page 76